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Defendant in lewdness case sentenced to prison Print
Written by Dee Holzel   
Thursday, March 11 2010 21:11

WINNEMUCCA — A man who pleaded guilty to having intercourse with an 11-year-old girl was sentenced on Monday to life in prison  with the possibility of parole in ten years.

Emmanuel Barrera-Gonzalez, 21, was originally charged with sexual assault on a child  but pleaded guilty to lewdness with a child as part of a negotiated settlement with the DA’s Office. Both charges are category A felonies with life in prison attached, but lewdness carries the possibility of parole after ten years have been served.

The sentence was mandated by the Legislature.

“This is one of those instances where the Nevada Legislature has significantly limited the court in its ability to sentence someone for this crime,” Judge Michael Montero said. “It’s hard to find words as to whether this is a true and appropriate sentence under these facts.”

In addition to the prison sentence, the judge ordered the defendant placed on life-time supervision after his prison sentence and term of parole ended.

The victim was not present in court and has relocated out of the area.

Robert Dolan represented the defendant.

“My client has expressed to me remorse for this fact pattern,” Dolan said. “He just found himself unable to protect himself and protect the victim in this case and allowed some very base instincts to take over and for that he’s sorry.”

Humboldt County DA Russell Smith countered if the defendant was sorry for anything it was himself.

Smith quoted the defendant as saying the incident did not impact the 11-year-old girl who, he said, always seemed happy. Instead, he spoke only of the impact to himself – such as his estrangement from his family and father.

“I would ask this court to be mindful that this is a defendant who’s not remorseful and doesn’t take into consideration what his actions have caused to occur in this 11-year-old girl’s life,” Smith said.

Barrera-Gonzalez declined to speak on his own behalf.

The girl’s mother, Mabel Barrera, was sentenced for child abuse, neglect or endangerment, a category B felony, for allowing her daughter to have intercourse with the defendant.  She was sentenced to 12-36 months in prison with 125 days credit for time served.

Previous news on this topic:

Orovada man arrested for sexual assault on a child bound over for trial

Orovada man arrested for sexual assault on a child

 
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